Akeau v. Iakona

OPINION OF THE COURT BY

FREAR, C.J.

The only question presented on this appeal is whether a court of equity may set aside on the ground of fraud a decree of the probate court admitting" a will to probate, the alleged fraud consisting in adding the name of a second witness to the will after the death of the decedent.

The general rule is that equity may relieve against every species of fraud and so may set aside or annul decrees or judgments obtained through fraud; but that it cannot set aside or annul for fraud decrees or judgments admitting wills to probate is an exception established almost as…